The Tenth Circuit Court of Appeals reverses a district court order denying a motion for a preliminary injunction to stay implementation of a program for the reduction of grazing allotments on the public land. The court of appeals first determines that the case has not been rendered moot by interveni...

The court dismisses two counts in a citizen suit alleging violations of applicable air pollution control requirements after ruling that it lacks jurisdiction under §304 of the Clean Air Act to consider claims against individual corporate officers or for civil penalties. Because §113 of the Act exp...

The court affirms a lower court's judgment denying plaintiff's request for an injunction against further construction of an interstate highway segment outside Washington, D.C. The court upholds as amply supported by the record the district court's conclusion that the highway is being constructed in ...

In a memorandum decision the court affirms the Atomic Safety and Licensing Appeal Board's denial of a motion (1) to suspend the construction permit for the Sterling Nuclear Power Project and (2) to enjoin the plant's owner from contracting for nuclear fuel for the plant until the Nuclear Regulatory ...

The court dismisses an action to enjoin construction of a highway through a wildlife sanctuary pending preparation of a supplemental environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). Following state law, the state prepared an addendum discussing plaintiffs' pro...

The Fifth Circuit upholds the lower court's dismissal, 9 ELR 20492, a suit to halt completion of the Tennessee-Tombigbee Waterway on grounds of laches. Plaintiffs argued that the planned width of the waterway exceeded the size authorized by Congress in 1946. Although the Secretary of the Army revise...

The court issues a permanent injunction preventing the Soil and Conservation Service (SCS) from authorizing or financing further modification of Blue-Eye Creek near Talledega, Alabama. Denying defendants' motion to dissolve a preliminary injunction issued in 1973, the court concludes that the decisi...

After granting the motion of the Tennessee Valley Authority to intervene as a party defendant, the court dismisses an action seeking an order requiring the Nuclear Regulatory Commission (NRC) to hold a hearing concerning the operations of the Sequoyah nuclear plant. Section 189 of the Atomic Energy ...

Elaborating upon its earlier opinion, 8 ELR 20719, the court affirms a lower court's decision finding unconstitutional a portion of the Oklahoma Waste Disposal Act. Appellants argued that the court's earlier opinion struck down only that part of the statutory section that prohibited the import of ha...

The Supreme Court construes §307(b)(1) of the Clean Air Act, which confers on the courts of appeals jurisdiction to review enumerated Environmental Protection Agency (EPA) decisions under the Act and any other final action that is locally or regionally applicable, to mandate direct court of appeals...